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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY D!~parlmenl of Natural Resources I.l I J Sherman 51., Ruum 215 Denver, Colorado 80203 Phone: UOJ1866JSG7 FAX: (3071 dl'?-4106 PERFORMANCE WARRANTY Construction Material Operation Operator: Johnson Excavation. lnc. Operation: Tellier Gravel Pi[ Permit No: M-98-058 KNOW ALL MEN BY THE5E PRESENTS, THAT: ~I~~~ I~EPARTME4T OF I~IATURAL RESOURCES Kul kumer Grnernor Lime+ 5. Lochhead E.ecwive Dire~ror ngicharl d. Luny Din~iun Director WHEREAS, the Colorado Mined Land Reclamation Ac[, C.R.S., 34-32.5-101 et sec. (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Johnson Excavation. Inc. (the "Permittee"), has applied for a permit to conduct a mining operation known as Tellier Gravel Pit (the "Operation") on certain lands in Routt County. Colorado. These lands are described in the permit application, as amended and supplemented. and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that [he estimated costs of reclamation with regard to those affected lands in Routt County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section 34-32.5-I 17 of the Act, and herein promises the Board [hat it will comply with all applicable requirements of the Act, and the Rules and Regulations as may be amended, with regard to those Affected Lands. NOW, THEREFORE, the Permit[ee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect [o the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board.